Common law sponsorship - issue help

[MBaj]

Hi. I am a little stress because of complicated history for my sponsorship.
So originally in early 2021 I applied to study in Canada, at the time I was still married to my former spouse. He was listed as my spouse and financial support. Due to Covid the visa took some time to process. In October 2021 me and my former spouse decided to separate. Despite our separation he continued to honor the financial commitment made for the application. The support was limited as it was mostly for our daughter that accompanied me to Canada.
In my home country a separation agreement is not a legal document or term as it is in Canada. Just have to make that clear.

Before I came to Canada I met someone online and we became friends. Well fast forward to now and he is sponsoring me for PR. My issue is that on my original study application my marital status was married, same as on my PGWP. However we were separated. I do have a separation agreement that we finally got signed so it aligns with our situation. The problem is our divorce isn’t finalised yet due to his work circumstances.
How can I explain all of this in my LOE for our application.

 

[armoured]

Hi. I am a little stress because of complicated history for my sponsorship.
So originally in early 2021 I applied to study in Canada, at the time I was still married to my former spouse. He was listed as my spouse and financial support. Due to Covid the visa took some time to process. In October 2021 me and my former spouse decided to separate. Despite our separation he continued to honor the financial commitment made for the application. The support was limited as it was mostly for our daughter that accompanied me to Canada.
In my home country a separation agreement is not a legal document or term as it is in Canada. Just have to make that clear.

Before I came to Canada I met someone online and we became friends. Well fast forward to now and he is sponsoring me for PR. My issue is that on my original study application my marital status was married, same as on my PGWP. However we were separated. I do have a separation agreement that we finally got signed so it aligns with our situation. The problem is our divorce isn’t finalised yet due to his work circumstances.
How can I explain all of this in my LOE for our application.

Just tell the truth. You can be common-law with someone while not being formally (legally) divorced yet.

I would make this explicit in the letter of explanation: separated, we have separation document, but we have not completed final divorce procedures.

Now: anyone will likely tell you that it is in both your interests to finalize a divorce. Deal with that. Don't tell IRCC you've done things you haven't done. But if you have started the process and eg documentation to show (beyond the separation document you referred to), then provide that. (I presume since you have a child together you're still in communication, if you feel the need, get a letter/affidavit confirming something.

I admit I can't help you on how you should complete the parts of the form that may ask for your marital status vs common law now with different people. Figure it out as best you can. Make it very clear in the LOE what the current status is.

Since you're still technicaly married and it is a bit unusual (although not unheard of at all): make sure your common law evidence is strong.

 

[MBaj]

Just tell the truth. You can be common-law with someone while not being formally (legally) divorced yet.

I would make this explicit in the letter of explanation: separated, we have separation document, but we have not completed final divorce procedures.

Now: anyone will likely tell you that it is in both your interests to finalize a divorce. Deal with that. Don't tell IRCC you've done things you haven't done. But if you have started the process and eg documentation to show (beyond the separation document you referred to), then provide that. (I presume since you have a child together you're still in communication, if you feel the need, get a letter/affidavit confirming something.

I admit I can't help you on how you should complete the parts of the form that may ask for your marital status vs common law now with different people. Figure it out as best you can. Make it very clear in the LOE what the current status is.

Since you're still technicaly married and it is a bit unusual (although not unheard of at all): make sure your common law evidence is strong.

I have that figured out for the most part. What bothers me is that it will look like misrepresentation on my previous visa applications because I indicated married (it was my legal marital status that’s why I filled in married).